Contracts and deposits

Right to rent checks

Landlords and letting agents have a legal duty to check that any prospective tenant has the right to live in the UK.

What does this mean for me?

All renters should expect to be asked to show a landlord or letting agent an original passport (and any relevant visa or other immigration document) and have copies taken of these documents. Alternatively you may be asked for a 'share code' so your immigration status can be checked online.

Tenants will either have:

Unlimited right to rent	Limited right to rent
There is no time limit on their permission to stay in the UK.	There is a time limit on your permission to stay in the UK.
Right to rent check takes place before the tenancy starts.	Right to rent check takes place 28 days before the start of the tenancy.
No further checks need to be done.	Your documents will need to be checked again by the later of: • 12 months after the start of the first check • The date that your permission to stay in the UK runs out. • The expiry date of your passport.

Unlimited right to rent

Limited right to rent

There is no time limit on their permission to stay in the UK.

There is a time limit on your permission to stay in the UK.

Right to rent check takes place before the tenancy starts.

Right to rent check takes place
28 days before the start of
the tenancy.

No further checks need to be done.

Your documents will need to be checked again by the later of:
• 12 months after the start of the first check

• The date that your permission to stay in the UK runs out.
• The expiry date of your passport.

Right to rent checks

Landlords and letting agents have a legal duty to check that any prospective tenant has the right to live in the UK.

What does this mean for me?

All renters should expect to be asked to show a landlord or letting agent an original passport (and any relevant visa or other immigration document) and have copies taken of these documents. Alternatively you may be asked for a 'share code' so your immigration status can be checked online.

Tenants will either have:

Unlimited right to rent	Limited right to rent
There is no time limit on their permission to stay in the UK.	There is a time limit on your permission to stay in the UK.
Right to rent check takes place before the tenancy starts.	Right to rent check takes place 28 days before the start of the tenancy.
No further checks need to be done.	Your documents will need to be checked again by the later of: • 12 months after the start of the first check • The date that your permission to stay in the UK runs out. • The expiry date of your passport.

Unlimited right to rent

Limited right to rent

There is no time limit on their permission to stay in the UK.

There is a time limit on your permission to stay in the UK.

Right to rent check takes place before the tenancy starts.

Right to rent check takes place
28 days before the start of
the tenancy.

No further checks need to be done.

Your documents will need to be checked again by the later of:
• 12 months after the start of the first check

• The date that your permission to stay in the UK runs out.
• The expiry date of your passport.

Do you have a joint tenancy?
Your tenancy agreement might prevent any of you moving into the property until right to rent checks have been carried out on all tenants.

What should I watch out for?

Be prepared to show your documents. Take your original documents and copies with you to property viewings.

If you decide to sub-let your room, make sure you get permission from your landlord or agent and remember that you must carry out your own immigration checks on your sub-tenants.

You cannot be charged fees for right to rent checks. The Tenant Fees Act 2019 prohibits fees being charged for these checks.

Do not send original identity or immigration documents in the post to any landlord or agent. Make sure you meet them, show them your documents and take them away with you once they have been copied. International students can also provide their landlord with their ‘share code’ to conduct the check online.

Do not let landlords and agents get away with discrimination. It is illegal for a landlord or letting agent to discriminate against a tenant on the basis of their nationality or race.

Finding more information

Visit the UK Government website about Right to Rent Checks for more information and a full list of the documents that landlords or letting agents need.

Check the section Where can I get more advice? for more information.

As of 1 July 2021, EEA Citizens can no longer solely rely on their passports to prove their right to rent. Further proof of immigration status will be required.

Security deposits

What is a security deposit?

A security deposit (also referred to as a ‘damage deposit’ or ‘tenancy deposit’) is money that the landlord or agent holds during the tenancy.

It is usually payable before or at the time you sign the contract and is of an amount equivalent to a maximum of five weeks’ rent (or six weeks’ rent if your annual rent is £50,000 or more).

At the end of the tenancy, the landlord or agent should return the security deposit to the tenants.

Landlords or agents can make reasonable deductions from security deposits for:

Unpaid rent or bills
Damage or disrepair
Cleaning

If a security deposit is paid in relation to an assured shorthold tenancy (AST) then the landlord is legally required to protect it with one of the three government authorised deposit protection schemes.

Therefore, your landlord does not need to protect your deposit if:

You are sharing accommodation with your landlord in their home as a lodger or
You and your landlord live in separate flats located in the same converted house

See the section deposit protection for further information.

Checking ownership of a property

Who owns the property you are about to rent?

Some unscrupulous people or companies will try to let properties without the owner’s knowledge or permission. If the owner finds out, there is a risk you might be evicted.

Use the Land Registry website to check property ownership details:

A search costs £7
Pay online using a credit or debit card
Search using the full property address and postcode
If there is a choice between ‘Leasehold’ and ‘Freehold’, you should probably choose the ‘Leasehold’
Where there is only ‘Freehold’ available, this is probably the document you need
A ULHS Housing Advisor can do a search during a contract check appointment

If your prospective landlord is not the property owner, ask for proof that they have the authority to let it to you.

Contracts

Accommodation contracts come in all shapes and sizes.

Before you sign a contract, we recommend that you:

Read the contract carefully, see the contract checking glossary for explanations of key contract terms
Check that it is accurate and includes everything that you have discussed with the landlord or agent
Get it checked by one of our Housing Advisors via appointment

You can book an appointment with the ULHS for a contract check via: +44(0) 20 7862 8880 | housing@london.ac.uk
Alternatively, use our Contract Checki ng Guide.

You should insist on a written contract between you and your landlord.
This contract should include:

Your name, your landlord’s name and address
The address of the rented property
Start date of the contract and its length
How much rent you pay and when it is due
The amount of your deposit
Whether any bills are included in the rent
Notice required to bring the contract to an end

Take a look at examples of ULHS drafted contracts.

What type of contract do I have?

Most student renters will be signing an assured shorthold tenancy (AST).

If you share kitchen or bathroom facilities with your landlord, or if you rent from a university, council or housing association, then you will probably have a different type of contract.

What are my rights?

As a renter you will have both rights (things you are entitled to) and obligations (things you have to do).
Your rights under an AST include:

Exclusive possession
Your landlord cannot come into your home without your permission.
Tenancy deposit protection
Your landlord needs to protect your deposit.
Security of tenure
Your right to stay in the property is protected for the length of the contract, which is usually for a minimum of six months.
Protection from eviction
Your landlord will need a court order before you can be evicted from your home.
Notice period
Your landlord needs to give at least two months’ written notice on a standard form in order to end the tenancy.
Repairs
Your landlord will be responsible for carrying out certain repairs within a reasonable time.

What are my obligations?

These should be set out in your contract and will include:

Paying rent
Keeping the property clean and tidy
Reporting repairs to the landlord
Replacing light bulbs and smoke alarm batteries
Notifying the landlord of any extended periods that the property will be empty
Not causing damage or nuisance

Never sign a contract with which you do not agree or which you do not understand and don’t let anyone pressure you into signing it.

Joint tenancies vs individual tenancies

A private landlord might let out a shared flat or house on a joint tenancy or let out individual rooms on separate tenancies. Joint tenancies are more common in shared flats and houses. Individual tenancies are standard in student halls of residence.

Joint tenancy	Individual tenancy
All tenants named on the same contract	Each tenant has a separate contract
Joint responsibility for the rent – you can be held liable for your housemate’s unpaid rent	Only responsible for your own rent
Joint responsibility for paying the bills and Council tax	May also have joint responsibility for bills – check the contract to find out
You all have exclusive possession of the whole property, so the landlord will need to get permission or give notice to visit the property	Exclusive possession of just your room, so the landlord can enter the communal areas without your permission
Joint responsibility for the condition of the property – you can be held liable for dirt or damage caused by your housemate	May have joint responsibility for the condition of the communal areas – check the contract to find out
You choose who you live with, but have joint responsibility for finding a new flatmate if someone needs to leave early	No choice in new or replacement flatmates

Joint tenancies vs individual tenancies

A private landlord might let out a shared flat or house on a joint tenancy or let out individual rooms on separate tenancies. Joint tenancies are more common in shared flats and houses. Individual tenancies are standard in student halls of residence.

Joint tenancy	Individual tenancy
There is no time limit on their permission to stay in the UK.	There is a time limit on your permission to stay in the UK.
Right to rent check takes place before the tenancy starts.	Right to rent check takes place 28 days before the start of the tenancy.
No further checks need to be done.	Your documents will need to be checked again by the later of: • 12 months after the start of the first check • The date that your permission to stay in the UK runs out. • The expiry date of your passport.

Joint tenancy

Individual tenancy

There is no time limit on their permission to stay in the UK.

There is a time limit on your permission to stay in the UK.

Right to rent check takes place before the tenancy starts.

Right to rent check takes place
28 days before the start of
the tenancy.

No further checks need to be done.

Your documents will need to be checked again by the later of:
• 12 months after the start of the first check

• The date that your permission to stay in the UK runs out.
• The expiry date of your passport.

Other types of contract

You will not have an assured shorthold tenancy (AST) if:

you share bathroom or kitchen facilities with your landlord or
you and the landlord both live in separate flats in the same converted house

Living with a resident landlord

You will have fewer rights than you would under an AST.

You might not have ‘exclusive possession’. This means that the landlord could let him or herself into your room without needing to give notice.

Your deposit will not need to be protected in a deposit protection scheme.

The landlord can ask you to agree to a set of ‘house rules’ that you will need to abide by.

You might not have ‘protection from eviction’, meaning that the landlord would not need to get a court order to be able to evict you.

If your contract does not have a minimum length of time or include a notice period then you or the landlord can end the agreement by giving ‘reasonable notice’.

There are no exact rules about what is “reasonable notice” but some relevant factors are:

The length of time you have been living there
The length of time between rent payments
The reason why the landlord wishes you to leave

Does your landlord need a licence?

Some landlords and letting agents will need a HMO licence in order to legally let a property. The licence places duties on the landlord or agent to ensure the property is safe and well maintained.

Is licensing important?

Yes. An unlicensed property may not meet the required safety standards.
Where a licence is required, but a landlord or letting agent is letting out the property without a licence, then:

They will be committing a criminal offence and could face prosecution
You could make a claim against them for a ‘rent repayment order’, scroll down for further information
It will be more difficult for the landlord or letting agent to end your tenancy. Although if the property is not safe, a council officer could stop the landlord from renting it out

Check London Property Licensing for a useful information on property licensing in different parts of London.

Other types of licensing

Some councils have introduced ‘additional’ or ‘selective’ licensing.

Additional licensing
Is the licensing of other types of HMO. A council can define properties that qualify for additional licensing, that would otherwise not qualify for mandatory licensing. For example, they may have three households, or be over two storeys.

Selective licensing
Does not specifically relate to HMOs, but will require that all privately rented properties within a specified area have a licence.

You will be able to find a council’s licensing criteria on their website.

A property requires a mandatory HMO licence if the following apply:
‘Five unrelated tenants’
‘Contains shared facilities such as a kitchen or bathroom’
‘More than one household^*’
• HMO stands for House in Multiple Occupation
• The licence should be held by the landlord or agent that manages the property
• A licence lasts for up to five years
• Check with the council’s Environmental Health department to see if a licence has been obtained (councils usually publish a list of licensed HMOs on their website)
* Each student will be considered a separate ‘household’

Caution
• If you ask about licensing and the landlord or agent seems evasive or does not know the answer, seek advice.
• DO NOT agree to sign a contract unless ALL the intended occupants are named on it.
• Check a council’s website for lists of licensed properties.

Rent repayment orders

A rent repayment order (RRO) is an order made by a First Tier Tribunal judge requiring a landlord to pay back rent to a tenant. A landlord who lets a property without a HMO licence can be ordered to pay back up to 12 months’ rent.

How to apply for a rent repayment order

The application process for an RRO is designed to be simple enough for you to do it yourself. The form can be found on the government website by searching RRO1 Form.

If you think you might be eligible for an RRO, it is advisable that you seek advice from ULHS before making an application. It is important that you fill the form correctly and provide all the necessary evidence required.

Fees

You will normally be required to pay a fee in order to make an application and may also be required to pay an additional fee if a hearing is required. Depending on your financial circumstances, you may be entitled to a fee remission. Visit the UK Government page regarding help paying court fees for more information.

You may also be entitled to an RRO if your landlord has failed to comply with council enforcement action, illegally evicted or harassed you or used violence to enter your property. Contact ULHS for further advice!

Contract checking glossary

Term	Meaning
Additional occupier	A person that is not a tenant but has permission to stay in the property.
Arrears	Rent that is lawfully owed but has not been paid as agreed.
Assign	To transfer your tenancy to somebody else.
Assignment	Legally transferring a tenancy from one person to another.
Assured Shorthold Tenancy (AST)	The most common form of tenancy is an AST. It grants the tenant exclusive occupation and a landlord requires a court order to end it within a fixed term.
Break Clause	A break clause allows both the tenant and landlord to give notice to end the tenancy early. Any conditions for exercising the break clause should be the same for the landlord and tenant.
Data protection	This relates to the laws in place to control and safeguard the way your personal information is used by organisations.
Fixtures and fittings	Fixtures are items which are attached to the property, such as a boiler; whereas fittings are items which are free standing or hung by a nail or hook such as a painting.
Inventory	A written record of highlighting its condition, listing the items within it and their condition. It will normally include pictures.
Joint and several liability	Where you have a joint tenancy agreement, each tenant will be jointly and individually liable for paying rent as well as carrying out all the obligations in the tenancy agreement. You will all be equally liable.
Landlord obligation	What the landlord is required to do.
Licence to occupy (Licence)	A licence is personal permission for someone to occupy accommodation. It allows non-exclusive occupation, typically on a short-term basis.
Quiet enjoyment	A tenant’s right not to have the landlord or the landlord’s agents interfere with their tenancy. For example by not giving reasonable notice before visiting the property.
Schedule of Condition	A record of the condition of the property at a particular date (usually at the beginning of a tenancy).
Special conditions	These are individually negotiated terms between you and your landlord or agent. For example a break clause or provision of furniture.
Statutory notice	A minimum amount of notice required by law.
Statutory rights	Rights you are legally entitled to because of an existing law.
Sublet	Renting all or part of a property that you are renting from someone else.
Surrender	A voluntary agreement between a landlord and tenant to end a tenancy.
Tenant obligations	What the tenant is required to do.
Tenant like manner	Looking after the property and treating it like it was your own. For example by carrying out small jobs such as changing light bulbs.
Unfair term	A term in the contract which creates a significant imbalance the landlord and tenants’ rights and obligation under the tenancy. Such a term will be in breach of consumer regulations.
Uninhabitable	Not suitable for an occupier to live in. Determining that a property is uninhabitable can be difficult. Seek advice if you are concerned about the condition of your home.
Utilities	Essential services such as gas, water and electricity.
Vacant possession	Leaving the property unoccupied and free of your belongings.
Void	Not binding on the parties under the agreement.

Contract checking glossary

Term	Meaning
Additional occupier	A person that is not a tenant but has permission to stay in the property.
Arrears	Rent that is lawfully owed but has not been paid as agreed.
Assign	To transfer your tenancy to somebody else.
Assignment	Legally transferring a tenancy from one person to another.
Assured Shorthold Tenancy (AST)	The most common form of tenancy is an AST. It grants the tenant exclusive occupation and a landlord requires a court order to end it within a fixed term.
Break Clause	A break clause allows both the tenant and landlord to give notice to end the tenancy early. Any conditions for exercising the break clause should be the same for the landlord and tenant.
Data protection	This relates to the laws in place to control and safeguard the way your personal information is used by organisations.
Fixtures and fittings	Fixtures are items which are attached to the property, such as a boiler; whereas fittings are items which are free standing or hung by a nail or hook such as a painting.
Inventory	A written record of highlighting its condition, listing the items within it and their condition. It will normally include pictures.
Joint and several liability	Where you have a joint tenancy agreement, each tenant will be jointly and individually liable for paying rent as well as carrying out all the obligations in the tenancy agreement. You will all be equally liable.
Landlord obligation	What the landlord is required to do.
Licence to occupy (Licence)	A licence is personal permission for someone to occupy accommodation. It allows non-exclusive occupation, typically on a short-term basis.
Quiet enjoyment	A tenant’s right not to have the landlord or the landlord’s agents interfere with their tenancy. For example by not giving reasonable notice before visiting the property.
Schedule of Condition	A record of the condition of the property at a particular date (usually at the beginning of a tenancy).
Special conditions	These are individually negotiated terms between you and your landlord or agent. For example a break clause or provision of furniture.
Statutory notice	A minimum amount of notice required by law.
Statutory rights	Rights you are legally entitled to because of an existing law.
Sublet	Renting all or part of a property that you are renting from someone else.
Surrender	A voluntary agreement between a landlord and tenant to end a tenancy.
Tenant obligations	What the tenant is required to do.
Tenant like manner	Looking after the property and treating it like it was your own. For example by carrying out small jobs such as changing light bulbs.
Unfair term	A term in the contract which creates a significant imbalance the landlord and tenants’ rights and obligation under the tenancy. Such a term will be in breach of consumer regulations.
Uninhabitable	Not suitable for an occupier to live in. Determining that a property is uninhabitable can be difficult. Seek advice if you are concerned about the condition of your home.
Utilities	Essential services such as gas, water and electricity.
Vacant possession	Leaving the property unoccupied and free of your belongings.
Void	Not binding on the parties under the agreement.

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